What to Expect at a Georgia Personal Injury Trial

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The overwhelming majority of Georgia personal injury cases settle, but the ones that do not follow a sequence that has its own logic and, since 2025, its own new architecture. A Georgia trial is not a single argument about who was hurt and how much. It is a structured progression from jury selection to verdict, and a 2025 reform now lets that progression be split in two, with fault decided before a jury ever hears a dollar figure. Understanding the order of events, and where the new law changes it, explains why the same facts can be presented very differently than they were a few years ago.

The Sequence of a Georgia Civil Trial

A personal injury trial in Georgia moves through recognizable stages. It opens with jury selection, proceeds through each side’s evidence, and closes with argument, instructions on the law, and deliberation.

  • Voir dire (jury selection): prospective jurors are questioned to identify bias; each side may strike jurors for cause and exercise a limited number of peremptory strikes.
  • Opening statements: the plaintiff, who carries the burden of proof, previews the evidence first, followed by the defense.
  • Plaintiff’s case: witnesses and exhibits are presented and tested on cross-examination.
  • Defense case: the defense, which need prove nothing, offers contrary evidence and aims to raise doubt.
  • Closing arguments: each side argues what the evidence shows; the plaintiff is generally allowed a closing rebuttal.
  • Jury instructions: the judge charges the jury on the governing law before it retires.
  • Deliberation and verdict.

In Superior Court, a Georgia civil jury is composed of twelve members (OCGA 15-12-122), and a civil verdict generally must be unanimous unless the parties agree otherwise. A plaintiff’s verdict is not the end: the judgment must be entered, post-trial motions may follow, and an appeal can extend final resolution.

Senate Bill 68 Split the Trial in Two

The most significant recent change to how a Georgia injury trial unfolds is bifurcation. Under Senate Bill 68, Georgia’s 2025 tort reform, either party may request that the trial be divided into two phases: a first phase deciding liability and fault, and a second phase, heard only if the defendant is found liable, deciding damages. The first phase proceeds without the jury hearing about injuries, medical bills, or the severity of harm; those come only after fault is resolved.

Two features of this provision matter. First, bifurcation is not available when the amount in controversy is less than $150,000, so it reaches larger cases rather than routine ones. Second, the structure interacts directly with Georgia’s comparative-fault rule: if the jury in the liability phase apportions the injured person 50 percent or more of the fault, the case ends there with no recovery, because the 50% bar (the comparative-negligence post owns that doctrine in full) cuts off the claim before any damages phase begins. Unlike some other SB 68 provisions tied to claims arising on or after April 21, 2025, the bifurcation procedure has been applied to pending and future cases, making it relevant to trials already in the pipeline.

A neutral illustration shows the mechanics without predicting any outcome. Suppose a case is bifurcated and, in phase one, the jury assigns 30 percent of the fault to the injured person and 70 percent to the defendant. Because 30 is below the 50 percent threshold, the case proceeds to phase two, and any damages the jury finds there would be reduced by that 30 percent share. Had phase one produced a 50 percent figure for the injured person, there would have been no phase two at all. The numbers are arithmetic, not a forecast of any particular jury’s decision.

How Damages May Be Argued at Trial

SB 68 also changed what counsel may say to the jury about the value of non-economic harm. Argument may no longer anchor a pain-and-suffering figure to amounts with no rational connection to the evidence, such as a celebrity’s salary or the price of an artwork. A specific dollar figure for non-economic damages may be urged in closing only when supported by the evidence, and a specific number generally cannot be raised for the first time in closing if it was not introduced in opening. These limits govern how a number is presented, not whether a jury may award it; the valuation method itself, and the per-diem and multiplier approaches, belong to the pain-and-suffering post. A violation can prompt the court to rebuke counsel, instruct the jury to disregard, or in some circumstances order a mistrial.

The medical evidence behind a damages phase has also shifted. Recovery for medical treatment is now measured by the reasonable value of necessary care, and a defendant may introduce the amounts actually paid rather than only the higher billed charges (OCGA 51-12-1.1, enacted by SB 68). In a bifurcated trial, that evidence surfaces only in the damages phase, after liability is settled.

What the Jury Is Asked to Decide

In its instructions, the court charges the jury on negligence, causation, damages, and apportionment of fault among the responsible parties. The verdict form reflects the structure of the case. In a single-phase trial it asks whether the defendant was at fault, the percentage of fault of each party, and the amount of damages. In a bifurcated trial the same questions are separated across the two phases, with the fault allocation resolved first. Because Georgia apportions fault among multiple parties, a verdict form in a multi-defendant case may ask the jury to assign a percentage to each.

Stage Single-phase trial Bifurcated trial (SB 68)
Fault decided With damages, one verdict Phase one, before any damages evidence
Damages heard Same proceeding Phase two, only if defendant found liable
50% bar applied At verdict Can end the case after phase one
Availability Any case Amount in controversy of $150,000 or more

After the Verdict

A verdict for the injured person establishes the judgment but does not by itself produce payment. The losing side may file post-trial motions, including a motion for new trial or a motion for judgment notwithstanding the verdict, and may appeal. Interest accrues on a money judgment by statute while these steps run, and actually collecting a judgment from a defendant who will not pay is a separate process governed by its own post (collection of judgments). Settlement remains possible even after a verdict, sometimes to avoid the cost and risk of appeal.

Frequently Asked Questions

Can a Georgia injury trial be split into separate liability and damages phases?
Yes. Under Senate Bill 68, either party may request a bifurcated trial in which fault is decided first and damages are decided only if the defendant is found liable. The procedure is unavailable when the amount in controversy is less than $150,000.

How many jurors sit on a Georgia personal injury case?
A civil jury in Superior Court is composed of twelve members (OCGA 15-12-122), and a civil verdict generally must be unanimous unless the parties stipulate otherwise.

What happens if the jury finds the injured person mostly at fault?
Under Georgia’s modified comparative-negligence rule, an injured person assigned 50 percent or more of the fault recovers nothing. In a bifurcated trial, that finding in the liability phase ends the case before any damages phase.

Does a verdict mean the defendant pays right away?
Not necessarily. A judgment must be entered, the defendant may pursue post-trial motions and an appeal, and collecting an unpaid judgment is a separate process. Statutory interest accrues on the judgment in the meantime.

  • Senate Bill 68 (2025 Georgia tort reform): trial bifurcation ($150,000 threshold; liability and damages phases); non-economic damages argument and anchoring limits
  • OCGA 51-12-1.1 (reasonable-value medical expenses, enacted by Senate Bill 68)
  • OCGA 51-12-33 (modified comparative negligence; apportionment of fault)
  • OCGA 15-12-122 (civil juries in the superior and state courts)

Disclaimer

This article provides general information about how a personal injury trial proceeds under Georgia law. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent developments. Trial procedure varies by court and judge, and outcomes depend on specific facts. A person involved in an injury case in Georgia should consult a licensed Georgia attorney about their particular situation.

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